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Bob Sacamano

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I got pulled over the other night by the cops, and I'm facing DUI, DUI per se (which is being over the .08 alcohol limit), and DWI, in addition to, reckless driving (payable fine), license restriction (payable fine), and 2 seatbelt violations (payable fines), this would be my 1st offense

is it better for me to pay the payable fines, or just wait till I get to court to see if they'll drop some of them? or just plead guilty and not pay?

oh yeah, and I'm up against a malicious intent to destroy property, misdemeanor charge, just because I was the driver of the car

fun night :(
 

Rack

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summerisfunner said:
I got pulled over the other night by the cops, and I'm facing DUI, DUI per se (which is being over the .08 alcohol limit), and DWI, in addition to, reckless driving (payable fine), license restriction (payable fine), and 2 seatbelt violations (payable fines), this would be my 1st offense

is it better for me to pay the payable fines, or just wait till I get to court to see if they'll drop some of them? or just plead guilty and not pay?

oh yeah, and I'm up against a malicious intent to destroy property, misdemeanor charge, just because I was the driver of the car

fun night :(


What the hell were you thinking? It's winter time.
 

Bob Sacamano

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alot of the charges are because of what the other people did while inside my car

and I dont' know what I was thinking
 

RiggoForever

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summerisfunner said:
I got pulled over the other night by the cops, and I'm facing DUI, DUI per se (which is being over the .08 alcohol limit), and DWI, in addition to, reckless driving (payable fine), license restriction (payable fine), and 2 seatbelt violations (payable fines), this would be my 1st offense

is it better for me to pay the payable fines, or just wait till I get to court to see if they'll drop some of them? or just plead guilty and not pay?

oh yeah, and I'm up against a malicious intent to destroy property, misdemeanor charge, just because I was the driver of the car

fun night :(

I live in Maryland also, you should seek a DUI lawyer for a consultation on this...the good news is I know someone who was in similar shoes, they went to court and they knocked down the fine, and he had to do some probationary community service, no jail. I do recall he had to pay most of the fines though.

How fast were you going? The reckless driving could complicate things...you definately want to consult a lawyer because I think a minor amount of jail time could be involved for both charges.
 

Bob Sacamano

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RiggoForever said:
I live in Maryland also, you should seek a DUI lawyer for a consultation on this...the good news is I know someone who was in similar shoes, they went to court and they knocked down the fine, and he had to do some probationary community service.

How fast were you going? The reckless driving could complicate things...you definately want to consult a lawyer.

how similar were your friend's shoes? and the reckless driving charge was given to me, as told by the arresting officer, because one of the passengers in the backseat was hanging outside the window, I wasn't going fast at all
 

Bob Sacamano

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how minor are we talking about here?

and does it really help my case that this was my 1st offense, and I've never been arrested before?
 

Bob Sacamano

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and how probable would it be, that the judge drop the 2 lesser drunk driving charges, and just charge me with DUI?
 

RiggoForever

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summerisfunner said:
how similar were your friend's shoes? and the reckless driving charge was given to me, as told by the arresting officer, because one of the passengers in the backseat was hanging outside the window, I wasn't going fast at all

Well my friend was pulled over on 2 different occasions. First time he got DWI, second time (while waiting for trial on a restricted license)...DUI. both times were driving alone coming back from the bars...officer saw him swerving, nobody else was in the car. He didn't serve any jail time for either charge.

It definately helps that its your first offense. It should also help if you have evidence you weren't going speeding with your friend hanging out the window. I'd think theres a good chance the reckless driving could be dropped, but the DUI you'll most likely face a temporarily suspended license plus fine/probation. You should talk to a lawyer about the circumstances of your situation, and he can advise you whether or not to request a trial by judge or jury (DUI cases aren't ordinarily by jury, but its your right to request one if you choose). Read below:

"If you have been charged in the District Court and are subject to a penalty of incarceration, you have the right to request a jury trial and have your case heard in the Circuit Court"
 

Bob Sacamano

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RiggoForever said:
Well my friend was pulled over on 2 different occasions. First time he got DWI, second time (while waiting for trial on a restricted license)...DUI. both times were driving alone coming back from the bars...officer saw him swerving, nobody else was in the car. He didn't serve any jail time for either charge.

It definately helps that its your first offense. It should also help if you have evidence you weren't going speeding with your friend hanging out the window. I'd think theres a good chance the reckless driving could be dropped, but the DUI you'll most likely face a temporarily suspended license plus fine/probation. You should talk to a lawyer about the circumstances of your situation, and he can advise you whether or not to request a trial by judge or jury (DUI cases aren't ordinarily by jury, but its your right to request one if you choose). Read below:

"If you have been charged in the District Court and are subject to a penalty of incarceration, you have the right to request a jury trial and have your case heard in the Circuit Court"

thanks alot bro, and how about lawyers? do all of them want to be paid up-front, or is there a way to do it in payments? what sucks is I may have too much money to qualify for a public defender, but not have enough money to hire my own lawyer

and how often do you win hearings allowing you to have your suspended license renewed so you can drive to and from work, after the 45 day period? in the next 10 days I have to give them 125.00 if I want to have a hearing, and I want to know before I do it, if there's a great chance that it will go through
 

RiggoForever

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summerisfunner said:
and how probable would it be, that the judge drop the 2 lesser drunk driving charges, and just charge me with DUI?

Without knowing everything, It sounds to me like the reckless driving charges could be dropped which would leave you with the DUI and seatbelt violations (can't do much about that).

The judge will decide your fine for the DUI charge, and I bet you get probation and have to do community service hours, but I don't think you'll get jail time for a first offense.

How long ago did this happen?
 

Bob Sacamano

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RiggoForever said:
Without knowing everything, It sounds to me like the reckless driving charges could be dropped which would leave you with the DUI and seatbelt violations (can't do much about that).

The judge will decide your fine for the DUI charge, and I bet you get probation and have to do community service hours, but I don't think you'll get jail time for a first offense.

How long ago did this happen?

just 2 days ago

and can't I just pay the reckless driving charge fine, and be done with it?
 

RiggoForever

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summerisfunner said:
thanks alot bro, and how about lawyers? do all of them want to be paid up-front, or is there a way to do it in payments? what sucks is I may have too much money to qualify for a public defender, but not have enough money to hire my own lawyer

Everyone qualifies for a public defender, its your right as an American citizen.

That being said, my friend got his own lawyer, as they take your case to heart and its not just one of hundreds on a docket they face.

Lawyer will also be able to tell you if your chances are better with a jury trial or not.

This is a separate issue but I have known lawyers to take payments (my moms divorce lawyer allowed her to pay with installments the final balance), but most want a retainer up front of a few hundred dollars after they give the free consultation. Every lawyer is different though.
 

RiggoForever

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summerisfunner said:
just 2 days ago

and can't I just pay the reckless driving charge fine, and be done with it?


If you pay the fine before going to court, you're considered guilty...that's 6 points to your license guaranteed, and higher insurance rates. Best to bring it to court IMO.
 

RiggoForever

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summerisfunner said:
thanks alot bro, and how about lawyers? do all of them want to be paid up-front, or is there a way to do it in payments? what sucks is I may have too much money to qualify for a public defender, but not have enough money to hire my own lawyer

and how often do you win hearings allowing you to have your suspended license renewed so you can drive to and from work, after the 45 day period? in the next 10 days I have to give them 125.00 if I want to have a hearing, and I want to know before I do it, if there's a great chance that it will go through

Almost all the time...they don't want you to be prevented from going to work between now and your trial for the DUI/reckless driving. Best to pay the $125 and be able to drive legally with restrictions until then.
 

Viper

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Don't do anything, don't pay any fines, hire a lawyer quickly. This is your first offence, odds are you'll never end up in court. Look around, ask around, find the best DUI attorney you can. Let your lawyer handle everything, he'll get the charges dropped or reduced. The only one you can trust is your lawyer.
 

devman90

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Make the guy hanging out the back window who got you one of the fines pay for some of it
 

Gibby!

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He's probably the same guy who attracted the cops attention in the first place. Not that I am condoning what happened or anything, dd is a silly way to get your name in the paper, but some times, there are extenuating circumstances.
 
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